137.1015. Review of original assessment, when--procedures.
Review of original assessment, when--procedures.
137.1015. 1. After original assessments, adjustments andequalization by the commission have been completed, each freight linecompany interested therein shall be promptly notified by the action of thecommission and may apply for a review of the original assessment. Thecommission shall grant and hold such review and fix the date thereof. Suchreview may be by whatever procedures decided upon by the parties and mayinclude, but not limited to, a formal or informal hearing, the presentationof affidavits and documentary evidence, and the presentation of legalarguments or briefs. All affidavits, documentary evidence and otherfactual evidence not presented at a formal hearing shall be duly sworn toand verified. In the event the parties cannot agree to the procedures tobe followed, a formal hearing shall be held at which the freight linecompany seeking review shall have the burden of establishing the correctassessment, adjustment and equalization pursuant to section 138.420, RSMo.A record shall be kept of all matters submitted in review of an originalassessment.
2. If, after such review and consideration of the facts, thecommission is of the opinion that the original decision or any part thereofshould be changed, the commission may change or modify the same.
3. Any freight line company aggrieved by the decision of thecommission may, if it has participated in a review under this section, seekreview as provided in chapter 536, RSMo.
(L. 1999 S.B. 219)